Enquiry Points

3. Enquiry Points

Legal Text

3.1 Each Member [shall] [within its available resources] establish or maintain one or more enquiry points to answer reasonable enquiries of governments, traders and other interested parties on matters covered by paragraph 1.1 as well as to provide the required forms and documents referred to in subparagraph 1.1(a).

3.2. Members of a customs union or involved in a regional integration may establish or maintain common enquiry points at the regional level to satisfy the requirement of 3.1 for common procedures.

[3.3. Members shall not require the payment of a fee for answering basic enquiries. Members are encouraged not to require the payment of a fee for all other enquiries, including providing forms and documents. Each Member shall limit the amount of its fees and charges, if any, for answering all other enquiries and providing required forms and documents, to the approximate cost of services rendered.]

3.4 The enquiry points shall answer enquiries and provide the forms and documents within a reasonable time period set by each Member, which may vary depending on the nature or complexity of the request.

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Notes

What activity does this proposal regulate?

The means by which an individual trader, a government, or any other interested person obtains specific information from a Member about import, export or transit requirements.

Which authorities are directly concerned?

 Executive authority

 All border agencies

 Trade Authority

What are the new requirements?

 A Member shall establish one or more “enquiry points” to respond to “reasonable”

questions about the matters listed in Article 1.1, and to requests for required forms and documents.

 If a member of a customs union or involved in regional integration, a Member may opt to participate in a regional enquiry point, rather than establishing a national enquiry point.

 The Member shall respond to such enquires and requests within a “reasonable” time.

 [No fees shall be charged for answering basic enquiries.][Any fees charged for other enquiries or for providing forms or documents shall be limited to the approximate cost incurred].

What actions might be required to implement this proposal?

A. Policy/Legal Framework

1. Have you established a trade-information enquiry point?

A legal act may be required to designate the authority (or authorities) that shall be responsible for setting up and operating the enquiry point and to define its functions.

Different organizational models are possible. Commonly, the enquiry point function is housed within the government authority (or authorities) responsible for the subject area

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(for example, the customs administration for questions about import/export procedures and customs duties).

Alternatively, a central, government-wide enquiry point could be established that would be staffed with the relevant subject matter experts and/or would act as a “switchboard” to receive and route requests for information to the appropriate agency, and collect and compile the response to the requester.

2. Are the responsibilities of your trade-information enquiry point consistent with the proposal?

That is, is your enquiry point required to “answer reasonable enquiries…on matters covered by paragraph 1.1” and provide forms and documents on request within a reasonable time period?

3. Are any fees and charges required to be paid for answering "basic" inquiries?

4. Are any fees and charges required to be paid for answering other inquiries or providing documents?

5. Are any such fees and charges limited to the approximate cost of the service rendered?

B. Procedures

6. Are formal procedures and work processes defined for operation of the trade-information enquiry point(s) (i.e., standards for processing inquiries, including response times;

standard templates and forms; modes of communication, etc.)?

WTO members should have experience in setting up and operating enquiry points because these are already required by the WTO TBT and SPS agreements.

C. Institutional Framework

7. Have the roles and responsibilities of staff within the agency (or agencies) charged with operation of the enquiry point been defined and implemented?

A new unit to operate the enquiry point may be required to be established within the designated agency (for example, an information center within the customs authority).

Alternatively, this function might be addressed as a collateral duty to any office that already has responsibilities in trade.

8. Are the relevant border agencies required to cooperate and coordinate with the enquiry point as necessary to carry out its responsibilities?

D. Human Resources and Training

9. Are a sufficient number of staff available and trained to operate the enquiry point?

Staff assigned to the enquiry point should be sufficient in number to handle the expected volume of enquiries, and trained/knowledgeable in the relevant subject matter and/or in coordinating with relevant agencies or experts to respond to enquiries.

F. Infrastructure & Equipment

10. Does the enquiry point have the equipment and technical support required for its operation?

Operation of an enquiry point requires a physical office space with appropriate equipment (e.g., basic communication equipment, such as telephones and fax machines, computers with internet access and email).

ICT support may also be useful, such as a tariff and tax rate lookups or similar national trade information database.

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ARTICLE 1.3 ENQUIRY POINTS I. Situational/Gap Analysis

Describe Your Current Situation Barriers

(Give Reasons for non-compliance) Actions/Resources Required & Cost (Number the Actions)

TACB Resources Needed (Specify Action

Number)

A. Policy/Legal Framework: 1.

B. Procedures: 1.

C. Institutional Framework: 1.

D. Human Resources/Training: 1.

E. Communication/Information Technology:

1.

F. Equipment & Infrastructure: 1.

G. Other Issues to Note⁵: 1.

5 For example, resistance to change; lack of political will or stakeholder awareness or buy-in; other issues (positive or negative).

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II. Questionnaire

1. Do you comply with this measure?

Fully: Substantially: Partially: No: Not Applicable:__

2. You expect to implement this measure by:

Category A (by date of entry into force):_____ Category B (with extra time):_____ Category C (with extra time and technical assistance): _____

3. If Category B or C approximately how much time will you need to implement?

6 Months: 1 Year: 3 Years: 5 Years: Other (Specify):________

4. Identify technical assistance projects/agencies/international organizations that have, or are, helping you implement this measure:

5. Lead agency or organization and other stakeholders that would be responsible for implementation of this measure:

6. Stakeholders not participating in assessment of this measure that should be consulted:

7. National Priority Level (How important is it that this measure should be implemented in your country?):

High: Medium: Low: None: __ Explain:

8. Issues to note (any comments or recommendations for negotiators, etc.):

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